The term
high volume retail breeder means a person who, in commerce, for
compensation or profit—

(i)

has an ownership interest in or custody of
1 or more breeding female dogs; and

(ii)

sells or offers
for sale, via any means of conveyance (including the Internet, telephone, or
newspaper), more than 50 of the offspring of such breeding female dogs for use
as pets in any 1-year period.

(2)

Relationship to
dealers

(A)

In
general

For purposes of this
Act, a high volume retail breeder shall be considered to be a dealer and
subject to all provisions of this Act applicable to a dealer.

(B)

Exception

The retail pet store exemption in
subsection (f)(i) shall not apply to a high volume retail
breeder.

by striking
The Secretary and inserting (a)
In general.—The
Secretary;

(2)

in subsection (a)
(as so designated), in the second proviso of the first sentence, by inserting
(other than a high volume retail breeder) after any
retail pet store or other person; and

(3)

by adding at the
end the following:

(b)

Dealers

A
dealer (including a high volume retail breeder) applying for a license under
subsection (a) (including annual renewals) shall include on the license
application the total number of dogs exempted from exercise on the premises of
the dealer in the preceding year by a licensed veterinarian under section
13(j)(2).

Not later than 1 year after the date of enactment of this
subsection, the Secretary shall promulgate standards covering dealers that
include requirements for the exercise of dogs at facilities owned or operated
by a dealer, including exercise regulations that ensure that—

(A)

each dog that is
at least 12 weeks old (other than a female dog with unweaned puppies) has daily
access to exercise that—

(i)

allows the
dog—

(I)

to move
sufficiently to develop or maintain normal muscle tone and mass as appropriate
for the age, breed, sex, and reproductive status of the dog; and

(II)

the ability to
achieve a running stride; and

(ii)

is not a forced
activity (other than a forced activity used for veterinary treatment) or other
physical activity that is repetitive, restrictive of other activities,
solitary, and goal-oriented;

(B)

the provided area
for exercise—

(i)

is
separate from the primary enclosure if the primary enclosure does not provide
sufficient space to achieve a running stride;

(ii)

has flooring
that—

(I)

is sufficient to
allow for the type of activity described in subparagraph (A); and

(II)(aa)

is solid flooring;
or

(bb)

is
nonsolid, nonwire flooring, if the nonsolid, nonwire flooring—

(AA)

is safe for the
breed, size, and age of the dog;

(BB)

is free from
protruding sharp edges; and

(CC)

is designed so
that the paw of the dog is unable to extend through or become caught in the
flooring;

(iii)

is cleaned at
least once each day;

(iv)

is free of
infestation by pests or vermin; and

(v)

is
designed in a manner to prevent escape of the dogs.

(2)

Exemption

(A)

In
general

If a licensed veterinarian determines that a dog should
not exercise because of the health, condition, or well-being of the dog, this
subsection shall not apply to that dog.

(B)

Documentation

A
determination described in subparagraph (A) shall be—

(i)

documented by the
veterinarian;

(ii)

subject to review
and approval by the Secretary; and

(iii)

unless the basis
for the determination is a permanent condition, reviewed and updated at least
once every 30 days by the veterinarian.

(C)

Reports

A
determination described in subparagraph (A) shall be maintained by the
dealer.

.

3.

Regulations

Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall promulgate any
regulations that the Secretary determines to be necessary to implement this Act
and the amendments made by this Act.

4.

Effect on State
law

Nothing in this Act or the
amendments made by this Act preempt any law (including a regulation) of a
State, or a political subdivision of a State, containing requirements that
provide equivalent or greater protection for animals than the requirements of
this Act or the amendments made by this Act.